Regulatory legal acts regulating the duration and features of the working hours of teaching and other employees
Fundamental federal legislative and other regulatory legal acts, used in regulating the duration of working hours and features associated with the working hours of teachers, lecturers, other pedagogical and other categories of employees of educational institutions, are:
- Labor Code of the Russian Federation;
- Federal Law of December 29, 2012 No. 273-FZ “On Education in Russian Federation"(hereinafter referred to as Federal Law No. 273-FZ);
- order of the Ministry of Education and Science of the Russian Federation dated December 22, 2014 No. 1601 “On the duration of working hours (standard hours of teaching work per salary wages) teaching staff educational institutions and on the procedure for determining the teaching load of teaching staff, specified in the employment contract" (hereinafter - order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601; order No. 1601);
- Regulations on the peculiarities of the working time and rest time regime for teaching and other employees of educational institutions, approved by order of the Ministry of Education and Science of Russia dated March 27, 2006 No. 69 “On the peculiarities of the working time and rest time regime for teaching and other employees of educational institutions”, registered by the Ministry of Justice of Russia 26 July 2006, registration No. 8110 (hereinafter referred to as the Regulations on the peculiarities of the working time regime; order of the Ministry of Education and Science of Russia No. 69);
- resolution of the Ministry of Labor and social development RF dated June 30, 2003 No. 41 “On the peculiarities of part-time work in pedagogical, medical, pharmaceutical workers and cultural workers”, registered by the Ministry of Justice of Russia on August 7, 2003, registration No. 4963 (hereinafter referred to as Resolution of the Ministry of Labor of Russia No. 41).
This commentary is primarily related to the application of the provisions of Order No. 1601 of the Ministry of Education and Science of Russia dated December 22, 2014, which regulate, depending on the positions and (or) specialties held by teaching staff, taking into account the characteristics of their work, the duration of their working time (standard hours of teaching work for the wage rate fees), the procedure for determining the teaching load stipulated in the employment contract, the grounds for changing it, as well as cases of establishing the upper limit of the training load.
As follows from the order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601, the basis for its adoption is Article 333 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), as well as paragraph 5.2.71 of the Regulations on the Ministry of Education and Science of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 3, 2013 No. 466 (as amended and supplemented), which enshrines the authority to regulate all the questions listed above.
It should be noted that the provisions of the order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601, related to issues of working hours (standard hours of teaching work for the wage rate) of teaching staff, with the procedure for determining the teaching load of teachers and lecturers, with the grounds for changing it, as well as with cases of establishing upper limits for the teaching load, ensure stability legal regulation listed labor rights workers, since they are based on the provisions of previously existing regulatory legal acts (based on the order of the Ministry of Education and Science of Russia dated December 24, 2010 No. 2075, standard regulations on general educational institution, which provided for the procedure for establishing and changing the teaching load of teachers, as well as standard provisions for secondary or higher institutions vocational education, additional professional education, which determined the upper limits of the teaching load of teachers).
Taking into account that the size of their wages depends on the actual volume of the teaching load of teachers and lecturers or the volume of teaching work of other teaching staff, for whom norms for hours of teaching work at the wage rate are established, then these comments, along with explanations of the provisions of the order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601, as well as other normative legal acts directly related to it, also contain clarifications on the use of appropriate mechanisms that should be used when calculating the salaries of teaching staff depending on their position.
The concept of reduced working hours for teaching staff
Part one of Article 333 of the Labor Code of the Russian Federation provides that for teaching staff a reduced working time of no more than 36 hours per week is established.
At the same time, part three of the same article (as amended by Federal Law No. 185-FZ of July 2, 2013) establishes that, depending on the position and (or) specialty of teaching staff, taking into account the characteristics of their work, the duration of working hours (standard hours of teaching work per wage rate), the procedure for determining the teaching load stipulated in the employment contract and the grounds for changing it, cases of establishing the upper limit of the teaching load of teaching staff are determined by the federal executive body authorized by the Government of the Russian Federation.
Consequently, “the duration of working time is no more than 36 hours” cannot be the same duration of working time for all teaching staff, as this provision provided for in Art. 333 of the Labor Code of the Russian Federation, since the specific duration of working time (standard hours of teaching work per wage rate) depends on the position held and the characteristics of the work of the teaching worker.
The Government of the Russian Federation authorized the Ministry of Education and Science of Russia to determine the specific duration of working hours for teaching staff (standard hours of teaching work per wage rate) depending on the positions they occupy, which implemented this authority by issuing Order No. 1601 dated December 22, 2014.
It is important to note that the nomenclature of positions of teaching staff of organizations carrying out educational activities, positions of heads of educational organizations, approved by Decree of the Government of the Russian Federation of August 8, 2013 No. 678, 40 titles of teaching positions are used in the field of education, of which only 4 titles are used in educational organizations implementing educational programs higher education in the field of defense and state security, ensuring law and order.
The remaining 36 titles of teaching positions are used in various organizations that carry out educational activities on the basis of a license.
Since the work of teaching staff, both in positions with different titles and in positions of the same name, may differ in complexity and conditions of work in different educational institutions, with different contingents of students and pupils, the legislator determined the establishment of working hours for teaching staff (standard hours of teaching work for wage rate) depending on the position held and the characteristics of their work.
It is also characteristic that, according to part three of Article 333 of the Labor Code of the Russian Federation, depending on the position and characteristics of work, the duration of working hours is established for some teaching staff, and for others - the standard hours of teaching work for the wage rate.
Based on this, paragraph 2 of Appendix 1 to Order No. 1601 establishes that, depending on the position and (or) specialty, teaching staff are assigned a certain length of working time or standard hours of teaching work for the wage rate.
The duration of working hours is established for teaching staff who fill the positions named in paragraphs 2.1 and 2.2, and the standard hours for the wage rate - for those who fill the positions named in paragraphs 2.3-2.8 of Appendix 1 to Order No. 1601.
Teaching staff whose positions require a working time of 36 or 30 hours per week
The duration of working hours is 36 hours per week (clause 2.1 of Appendix 1 to Order No. 1601) is established:
persons from among the teaching staff, to whom in civil organizations higher education includes the positions of assistant, teacher, senior teacher, associate professor, professor, head of department;
senior educators of organizations carrying out educational activities in educational programs preschool education and additional general education programs, and children's homes carrying out educational activities as additional type activities;
educational psychologists;
social educators;
teacher-organizers;
industrial training masters;
senior counselor;
labor instructors;
teacher-librarians;
methodologists and senior methodologists of organizations carrying out educational activities;
tutors of organizations carrying out educational activities, with the exception of organizations carrying out educational activities under educational programs of higher education;
heads of physical education of organizations carrying out educational activities in educational programs of secondary vocational education;
teachers-organizers of the basics of life safety;
instructors-methodologists, senior instructors-methodologists of organizations carrying out educational activities.
It should be noted that for most of the listed positions, the working time of 36 hours per week is established regardless of in which organizations carrying out educational activities the teaching work is carried out, while significant clarifications are provided for certain positions of teaching staff.
Thus, in relation to senior educators, the clarification is due to the fact that in other organizations shorter working hours are established for this position.
With regard to the position “head of physical education”, it is clarified that such a position can only be provided for in the staffing schedules of organizations carrying out educational activities in educational programs of secondary vocational education, based on which such a position cannot be introduced in preschool educational organizations, as this is unlawful in a number of cases practiced.
The duration of working hours is 30 hours per week (clause 2.2 of Appendix 1 to Order No. 1601) is established:
senior educators (with the exception of senior educators of organizations engaged in educational activities, in which senior educators have a 36-hour working time).
Organizations carrying out educational activities in which senior educators are assigned a working time of 30 hours per week include:
- organizations that provide living conditions for boarding students, including those with disabilities;
- general educational organizations where conditions have been created for the supervision and care of children in after-school groups;
- educational institutions for children and adolescents with deviant (socially dangerous) behavior;
- organizations for orphans and children left without parental care (except for orphanages);
- organizations, including sanatoriums, for students (pupils) with tuberculosis intoxication or other diseases;
- other educational organizations, staffing tables which such positions provide;
- medical organizations, organizations social services carrying out educational activities as an additional type of activity.
Pedagogical workers for whose positions norms for hours of teaching work are established for the wage rate
Depending on the position and characteristics of work for teaching staff, the following norms for hours of teaching work per wage rate are established:
√ 20 hours per week (clause 2.3 of Appendix No. 1 to Order 1601):
teachers-defectologists;
speech therapists;
√ 24 hours a week (clause 2.4 of Appendix 1 to Order No. 1601):
music directors;
accompanists;
√ 25 hours per week (clause 2.5 of Appendix 1 to Order No. 1601):
educators who directly provide training, education, supervision and care for students (pupils) with disabilities;
√ 30 hours per week (clause 2.6 of Appendix 1 to Order No. 1601):
physical education instructors;
educators of organizations carrying out educational activities in basic general education programs, in which conditions have been created for the accommodation of pupils in a boarding school, as well as for the supervision and care of children in after-school groups, organizations for orphans and children left without parental care, organizations ( groups), including sanatoriums, for students (pupils) with tuberculosis intoxication, medical organizations, social service organizations carrying out educational activities as an additional type of activity (hereinafter referred to as medical organizations and social service organizations), (with the exception of educators provided for in paragraphs 2.5 and 2.7 of Appendix 1 to Order No. 1601);
√ 36 hours per week (clause 2.7 of Appendix 1 to Order No. 1601):
educators of organizations carrying out educational activities in additional general education programs, educational programs of preschool education, educational programs of secondary vocational education, as well as providing supervision and care for children (with the exception of educators, for whom the norms of hours of teaching work for the wage rate are provided for in paragraphs 2.5 and 2.6 appendix 1 to order No. 1601);
√ 18 hours per week (clause 2.8.1 of Appendix 1 to Order No. 1601):
teachers of organizations carrying out educational activities in basic general education programs (including adapted ones);
teachers of organizations carrying out educational activities in additional general education programs in the field of arts, physical culture and sports;
teachers additional education and senior teachers of additional education;
trainers-teachers and senior trainers-teachers of organizations carrying out educational activities on educational programs in the field of physical culture and sports;
speech therapists of medical organizations and social service organizations;
teachers foreign language preschool educational organizations;
teachers of organizations carrying out educational activities in educational programs of secondary vocational education of a pedagogical orientation (with the exception of teachers specified organizations applying the norm of hours of educational (teaching) work of 720 hours per year per wage rate);
√ 720 hours per year (clause 2.8.2 of Appendix 1 to Order No. 1601):
teachers of organizations carrying out educational activities in educational programs of secondary vocational education, including integrated educational programs in the field of arts (with the exception of teachers specified in subclause 2.8.1 of Appendix 1 to Order No. 1601), and in basic vocational training programs.
It should be noted that for all teaching staff (with the exception of teaching staff provided for in subclauses 2.8.1 and 2.8.2 of clause 2.8 of Appendix 1 to Order No. 1601), the standard hours of teaching work for the wage rate are also their working time. When the volume of teaching work increases or decreases against the established norms of hours for the wage rate, the duration of their working hours (as well as the amount of wages) increases or decreases.
Peculiarities of regulation for the application of hour standards for the wage rate are established for teaching staff named in subparagraphs 2.8.1 and 2.8.2 of paragraph 2.8 of Appendix 1 to Order No. 1601.
It has been established that the norms of hours of educational (teaching) work for teachers, lecturers, pedagogues and senior teachers of additional education, trainers-teachers and senior trainers-teachers are only a standardized part of their pedagogical work, since, according to the qualification characteristics, their job responsibilities are not limited only to the implementation of educational (teaching, training) work, in connection with which wage rates are paid for the performance of all teaching work included in the job responsibilities of these teaching staff.
According to the qualification characteristics, the teaching staff listed in the above paragraphs perform, in addition to educational (teaching, training) work, the duties provided for both in the section “Official Responsibilities” and in paragraph 2.3 of the Regulations on the peculiarities of the working time regime, approved by order of the Ministry of Education and Science of Russia dated March 27, 2006 No. 69.
To carry out the types of pedagogical work listed in clause 2.3 of this provision (participation in the activities of pedagogical and other councils, methodological associations, other forms methodological work, communicating with parents, conducting parent meetings etc.) clear boundaries and time standards have not been established, since most of this work is not carried out on certain working days of the week, but is calculated for longer periods: for a month, an academic quarter, a half-year, an academic year, and therefore such work must be governed by appropriate work plans and schedules.
In addition, teaching staff, with their consent, can perform additional teaching work on the terms of additional payment (class management, management of classrooms, educational and experimental areas, inspection written works etc.), which also does not provide specific time standards for their implementation.
There are no grounds for establishing time standards for performing the types of work listed above, which artificially increase the daily working time of teaching staff beyond the standardized part associated with educational (teaching, training) work. An exception is the time standards defined by the Regulations on the specifics of the working time regime for teaching staff on duty during the educational process.
Differences between remuneration of teaching staff based on wage rates and remuneration based on official salaries
Remuneration of teaching staff based on wage rates
Appendix 1 to Order No. 1601 for positions of teaching staff, for whom norms of hours of teaching work are established for the wage rate, contains a number of significant clarifications in the notes.
Thus, it should be taken into account that in accordance with paragraph 1 of the note, the types of pedagogical work listed therein are included in work time not all teaching staff without exception, but depending on the position held, which is determined job responsibilities and/or an individual plan.
Since the job responsibilities of teaching staff are defined qualification characteristics, then their specification in relation to each teaching worker is carried out by employment contracts or job descriptions.
Paragraph 2 of the notes contains clarifications that the norms for hours of teaching work for the wage rate for all teaching staff are established in astronomical hours, including for the positions of teaching staff provided for in clause 2.8 of Appendix 1 to Order No. 1601, short breaks (changes), as well as dynamic pause.
The notes also contain a mechanism for calculating wages per month for teaching work or educational (teaching) work performed by teaching staff with their written consent in excess of the hours established for the wage rate, or below such norms.
Thus, Note 3 first of all establishes that the norms of hours of teaching work for the wage rate and the norms of hours of educational (teaching) work are calculated values that are used to calculate wages for teaching staff for the month, taking into account the volume of pedagogical work established by the organization carrying out educational activities. work or educational (teaching) work per week (per year).
In accordance with Note 4, for pedagogical work or educational (teaching) work performed by teaching staff in excess of the standard hours established for the wage rate or below such a norm, payment should be made from the monthly wage rates established by them in proportion to the actually determined volumes of pedagogical work or educational (teaching) work.
Examples.
1. When calculating the tariff for the new academic year, with his written consent, the volume of educational (teaching) work is established at 27 hours per week. The monthly salary of this teacher for educational (teaching) work must be calculated by multiplying the wage rate established for him by 27 (the actual weekly volume of the teaching load) and dividing the result by 18 (the standard hours of educational (teaching) work per week for which he is paid wage rate).
2. The teacher of the organization implementing the preschool educational program agreed to permanent basis work alone with children in a general developmental group operating with a five-day work week, 10.5 hours a day. The actual volume of teaching work per week will be 52.5 hours. The monthly salary of this teacher for teaching work should be calculated by multiplying the wage rate established for him by 52.5 (the actual weekly volume of teaching work) and dividing the result by 36 (the standard hours of teaching work per week for which teachers are paid the wage rate ).
An exception for educators is cases when they perform work outside of working hours (shift) at the initiative of the employer, which qualifies as overtime work and refers to the performance of work in conditions deviating from normal. Such work, for example, may include cases where the employer engages preschool teachers to work beyond the established working hours (shift) when the replacement employee or parents fail to appear, that is, when the employee cannot leave workplace and performs teaching work without a break after the end of the shift. Such work is compensated in the manner prescribed by Article 152 of the Labor Code of the Russian Federation, that is, it is paid for the first two hours of work at least one and a half times the amount, for subsequent hours - at least double the amount.
3. A music director works with 8 groups of children in an organization implementing a preschool educational program. For each group of children, the organization provides 0.25 units for the position of a music director, since it applies the staffing standard provided for by the Standards for determining the number of personnel engaged in servicing preschool institutions (nurseries, nurseries, kindergartens), approved by the resolution of the Ministry of Labor of the Russian Federation of April 21, 1993 city No. 88.
Based on the fact that 1 position of music director, according to the specified standards, will be established for every 4 groups, the total amount of teaching work for music directors for 8 groups will be 48 hours per week: 24 (norm hours for the salary rate of a music director per week): 4 x 8 (number of groups in the organization) = 48.
If the music director, with his consent, works alone with all 8 groups, then the monthly salary of this music director for teaching work should be calculated by multiplying the wage rate established for him by 48 (the actual weekly volume of teaching work) and dividing the result by 24 (standard hours of teaching work per week, for which the music director is paid a salary rate).
4. For a teacher of an educational institution implementing an educational program of secondary vocational education, with the standard hours of teaching work being 720 hours per year, the annual amount of educational (teaching) work is set at 1200 hours for the salary rate. The salary of such a teacher for educational (teaching) work is determined at the beginning of the academic year in the form of an average monthly salary by multiplying the teacher’s hourly rate by the actual amount of the annual teaching load established for him and dividing the resulting product by 10 academic months. The hourly rate is determined by dividing the monthly wage rate by the average monthly teaching load of 72 hours.
The teacher’s salary calculated in this way for educational (teaching) work is paid monthly, regardless of its volume in each academic month.
Remuneration based on official salaries
Official salaries (salaries) are fixed amounts of remuneration for employees for the performance of labor (official) duties of a certain complexity for a calendar month without taking into account compensation, incentives and social payments.
On the basis of official salaries, wages are paid to teaching staff, for whom it is not the standard hours of teaching work at the wage rate that are established, but the duration of working hours.
The concept of “official salary” is not used to calculate the wages of teaching staff, for whom norms for hours of teaching work are established at a wage rate depending on the volume of teaching work or educational (teaching) work.
If teaching staff are paid official salaries for a set working time of 30 or 36 hours per week (positions of teaching staff named in paragraphs 2.1. and 2.2 of Appendix 1 to Order No. 1601), then when they are involved at the initiative of employers to perform work outside the established working hours ( daily work (shift), and in the case of cumulative accounting of working time - in excess of the normal number of working hours for the accounting period), such work qualifies as overtime and is compensated:
- either in the form of payment in increased size in the manner established for overtime work (Article 152 of the Labor Code of the Russian Federation);
- either by providing additional leave for irregular working hours, if the employee is included in the list of employees with irregular working hours.
At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.
In accordance with Article 99 of the Labor Code of the Russian Federation overtime work shall not exceed for each employee four hours for two consecutive days and 120 hours per year.
The procedure for determining the teaching load of teaching staff stipulated in the employment contract
Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 in accordance with Article 333 of the Labor Code of the Russian Federation (as amended by Federal Law No. 185-FZ dated July 2, 2013) also approved the procedure for determining the teaching load specified in the employment contract and the grounds for changing it and cases of establishing an upper limit for the teaching load of teaching staff (hereinafter referred to as the Procedure).
The procedure for regulating these issues is defined in Appendix 2 to Order No. 1601, structured into seven chapters, in which, according to the positions of teaching staff or a group of positions, depending on the characteristics of their work, the rules for determining and changing the teaching load, the features of its regulation, as well as cases of establishing upper limits are determined. its limits, based on the norms previously contained in the standard provisions on the relevant types of educational institutions.
Chapter I contains general principles used in determining the teaching load of teaching staff, the grounds for changing it at the initiative of the employer or by agreement of the parties.
The teaching load of teaching staff is taken to be its volume of performing educational (teaching) work in interaction with students by type educational activities, established curriculum (individual curriculum), ongoing monitoring of progress, intermediate and final certification of students.
The volume of the teaching load of teaching staff performing educational (teaching) work is determined annually at the beginning of the academic year (training period, sports season) (hereinafter referred to as the academic year) and is established by the local normative act organization carrying out educational activities (clause 1.3 of Appendix 2 to Order No. 1601).
The established volume of educational (teaching) work, that is, the teaching load, is stipulated in the employment contract concluded by the teaching staff with the organization carrying out educational activities (clause 1.4 of Appendix 2 to the said order).
The teaching load is a quantitative compulsory component labor function teacher, teacher, teacher and senior teacher of additional education, trainer-teacher and senior trainer-teacher, therefore the volume of teaching load is a prerequisite employment contract with the ensuing legal consequences (change only by agreement of the parties to the employment contract, with the exception of the cases listed below).
Grounds for changing the teaching load stipulated in the employment contract of a teaching worker
Clauses 1.5 and 1.6 of Appendix 2 to Order No. 1601 establish restrictions on changing the volume of teaching load established for teaching staff (with the exception of teaching staff filling positions of teaching staff) in the direction of reducing it at the initiative of the employer.
From these points it follows that the basis for changing the volume of the educational load towards its reduction at the initiative of the employer can only be cases associated with a decrease in the number of hours according to the curriculum, study schedules, a reduction in the number of students, classes, groups, a reduction in the number of classes (classes). sets).
In this case, the specified grounds are used by the employer to reduce the established amount of teaching workload for teaching staff, which may affect the amount of their wages after following the notification procedure of at least two months:
in the current academic year - only in relation to teaching staff specified in subclause 2.8.1 of Appendix 1 to Order No. 1601;
for the next academic year - in relation to all teaching staff specified in paragraph 2.8 (i.e. subparagraphs 2.8.1 and 2.8.2) of Appendix No. 1 to Order No. 1601.
Non-application of the grounds for reducing the established volume of teaching load in the current academic year at the initiative of the employer in relation to teaching staff specified in clause 2.8.2, i.e. teachers of organizations carrying out educational activities in educational programs of secondary vocational education, including integrated educational programs in the field of arts, and in basic vocational training programs, due to the fact that, in accordance with paragraph 4.7 of Appendix 2 to Order No. 1601, by the end of the academic year, and also during the holiday period, which does not coincide with the annual main extended paid leave and the annual additional paid leave, the specified teachers are paid an average monthly salary, which is determined at the beginning of the academic year.
In other cases, in accordance with paragraph 1.7 of Annex 2 to Order No. 1601, a temporary or permanent change (increase or decrease) in the teaching load of teaching staff compared to the teaching load specified in the employment contract is allowed only by agreement of the parties to the employment contract, concluded in writing form.
The employer is obliged to notify teaching staff in writing of a change in the volume of the teaching load (increase or decrease), as well as the reasons that necessitated such changes, no later than two months before the proposed changes are made, except in cases where the change in the volume of the teaching load is carried out by agreement of the parties to the employment contract (clause 1.8 of Appendix 1 to Order No. 1601).
Considering that the employer is obliged to notify the employee in writing no later than two months about upcoming changes in the terms of the employment contract related to the teaching load, as well as the reasons that caused them, the determination of the volume of the teaching load for the new academic year must be carried out before the departure of teaching staff. leave so that they know in advance what kind of academic workload they will be working with in the new academic year. Before going on vacation, determining the teaching load is necessary in order to timely notify teaching staff about its possible change towards reduction on the grounds provided for in paragraph 1.6 of Appendix 2 to Order No. 1601.
If the teaching load for the new academic year is established only after the teaching staff return from vacation, then if it is impossible to ensure its previous volume for the reasons stated above, the employer will be obliged to maintain the previously received amount of wages for at least two months (i.e. during the period for which he is obliged to warn the employee about changes in the teaching load).
Participation of the elected body of the primary trade union organization in establishing the teaching load for teachers and lecturers
It should be noted that in accordance with paragraph 1.9 of Appendix 2 to Order No. 1601, local regulations of organizations carrying out educational activities on the issues of determining the teaching load of teaching staff carrying out educational (teaching) work, as well as its changes, are adopted taking into account the opinion of the elected body of the primary trade union organization or other representative body of workers (if there is such a representative body).
This provision is provided taking into account the fact that the volume of the teaching load of persons carrying out educational (teaching) work is the basis for determining the amount of remuneration for their work and must be included as a necessary element in the remuneration system for teaching staff, for whom norms for teaching hours have been established. work for a wage rate.
In accordance with Article 135 of the Labor Code of the Russian Federation, local regulations establishing remuneration systems are also adopted by the employer, taking into account the opinion of the representative body of workers, to which the primary trade union organization belongs.
The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting a local normative act is determined by Article 372 of the Labor Code of the Russian Federation, according to which the employer, in cases provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements (when adopting, for example, a local regulatory act on establishing the volume of teaching load for teachers and lecturers, on which the size of their wages depends), before making a decision, sends a draft local regulatory act and the rationale for it to the elected body of the primary trade union organization, representing the interests of all or the majority of workers.
The elected body of the primary trade union organization, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.
If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local regulatory act or contains proposals for its improvement, the employer may agree with it or is obliged, within three days after receiving the reasoned opinion, to conduct additional consultations with the elected body of the primary trade union organization of workers in order to achieve a mutually acceptable solution.
If agreement is not reached, the disagreements that arise are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the appropriate state inspection labor or to court. The elected body of the primary trade union organization also has the right to initiate the procedure for a collective labor dispute in the manner established by the Labor Code of the Russian Federation.
The State Labor Inspectorate, upon receipt of a complaint (application) from the elected body of the primary trade union organization, is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is detected, issue the employer an order to cancel the specified local normative act, which is mandatory for execution.
Features of determining the teaching load of teachers and professors for whom the standard teaching hours are 18 hours per week per wage rate, the grounds for its change
The specifics of determining the teaching load of teachers and instructors, for whom the standard teaching hours are 18 hours per week at the wage rate, are defined in Chapter II of Appendix 2 to Order No. 1601.
The teaching load of teachers (as previously provided for by the standard regulations on a general education institution) is determined taking into account the number of hours in the curriculum, work programs of academic subjects, educational programs, staffing of the organization carrying out educational activities (clause 2.1 of Appendix 2 to Order No. 1601 ), and is not limited to the upper limit, and therefore there are no provisions on this in Chapter VII of Appendix 2 to Order No. 1601.
The same procedure for determining the teaching load is applied to teachers of organizations engaged in educational activities, who have chosen to calculate their remuneration for the actual volume of educational (teaching) work at the rate of hours per wage rate of 18 hours per week.
These organizations include organizations that carry out educational activities in additional general education programs in the field of arts, physical culture and sports. These may also include organizations carrying out educational activities in educational programs of secondary vocational education with a pedagogical orientation.
In accordance with paragraph 2.2 of Appendix 2 and Note 4 of Appendix 1 to Order No. 1601, for individual teachers who cannot be provided with a teaching load in the amount corresponding to the standard hours of educational (teaching) work, guarantees are provided for the payment of the salary rate in full at subject to loading them up to established norm(i.e. up to 18 hours per week) other teaching work.
Payment of the salary rate in full under the specified conditions is guaranteed to the following teachers:
- 1-4th grades when transferring teaching lessons in a foreign language, music, visual arts and physical education for specialist teachers;
- 1-4th grades who do not have necessary preparation for conducting Russian language lessons, organizations carrying out educational activities in educational programs of primary general education with the native (non-Russian) language of instruction, located in rural areas;
- Russian language organizations carrying out educational activities in educational programs of primary general education with a native (non-Russian) language of instruction, located in rural areas;
- physical culture of organizations carrying out educational activities according to general education programs located in rural settlements;
- foreign language organizations carrying out educational activities according to general education programs, located in the villages of logging and rafting enterprises and chemical forestry enterprises.
If the list of grounds for paying teachers the full salary rate if they do not have a teaching load of 18 hours a week is directly provided for in paragraph 2.2 of Appendix 2 to Order No. 1601, then the forms of additional teacher workload with other teaching work are not directly determined by this order, due to with which the employer determines them independently, but taking into account the provisions of paragraph 2.5 of the Regulations on the peculiarities of working time and rest time for teaching and other employees of educational institutions, approved by order of the Ministry of Education and Science of Russia dated March 27, 2006 No. 69.
In accordance with paragraph 2.5 of the said Regulations, for remuneration of teachers in an amount not lower than the monthly wage rate, the form of additional workload can be teaching work without additional pay in an extended day group, club work, work to replace absent teachers, conducting individual lessons at home with students, organized in accordance with a medical opinion, extracurricular activities in physical education, other pedagogical work in a volume that, due to additional workload, should not exceed the number of hours short of 18 hours per week.
If the form of additional workload, for example, of teachers primary classes pedagogical work in an extended day group (hereinafter - GPD) serves up to the established weekly norm of hours, then in order to maintain for them the full rate of wages established for the position of a teacher, this work on account of additional workload should not exceed the number of hours per week, which is not enough to 18 hours, regardless of what standard hours of teaching work per week the wage rate for GPD teachers is set for.
If, for example, for teachers of grades I-IV who do not teach individual academic subjects (from those listed in paragraph 2.2 of Appendix 2 to Order No. 1601), the remaining teaching load per week is 16, 14 or less hours, then the employer for ensuring a guarantee of payment to teachers of the full salary rate, the teacher has the right to additionally load them with teaching work in the GPD only in the amount of 2, 4 or another number of hours per week, not reaching 18, with payment of the full monthly salary rate established for the teacher’s position.
In the case where primary school teachers, who are overloaded with up to 18 hours per week of work as an after-school teacher, will perform (with their consent) the work of a teacher in the GPD in an amount exceeding the number of hours per week worked necessary for the additional workload of up to 18 in the GPA time, but already in the position of a teacher is subject to additional payment in the manner and on the terms established for the teacher in the GPA (remember that the salary rate for educators in the GPA is set for 30 hours per week).
It should be borne in mind that teaching work in the same educational institution in positions with different titles in accordance with paragraph 2 of Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, and pharmaceutical workers and cultural workers" is not a part-time job and must be paid additionally. At the same time, it is necessary to take into account that pedagogical work in a larger volume in positions of the same name is pedagogical work in excess of the established norm of hours for the wage rate, which, according to the specified order, is also not a part-time job, but is paid in proportion to the volume of pedagogical work, educational (teaching) work, as this provided for in Note 4 of Appendix 1 to Order No. 1601 (see examples in the section “Remuneration of teaching staff based on wage rates” of this commentary).
Registration of the performance by teachers, along with their duties, of pedagogical work in a position with a different name (in this case, teacher in the GPD) is carried out by concluding an additional agreement to the employment contract, which indicates the period during which the pedagogical work will be performed, its content, volume and size payment.
The provisions of Chapter II of Annex 2 to Order No. 1601 also provide for the preservation of guarantees for the payment of wages in a certain amount for teachers whose, for reasons beyond their control, during the school year, their teaching load is reduced compared to the teaching load established at the beginning of the school year.
The application of guarantees for the remuneration of teachers in the event of a reduction in their teaching load during the school year for reasons beyond their control is carried out after the expiration of a two-month period from the date of written notification by the employer of teachers about the reduction in teaching load, containing information about the reasons that caused the need for such changes, within the grounds provided for in paragraph 1.5 of Appendix 2 to Order No. 1601.
It should be noted that in accordance with Chapter III of Appendix 2 to Order No. 1601, the determination of the teaching load of additional education teachers, senior additional education teachers and the teaching (training) load of trainers-teachers, senior trainers-teachers, as well as its change, are carried out taking into account the specifics of implementation additional general education programs in the field of arts, physical education and sports, programs sports training in relation to the provisions of Chapter II of Annex 2 to Order No. 1601, if there are similar grounds for their application.
Features of determining the teaching load of teachers of organizations carrying out educational activities in educational programs of secondary vocational education, the norm of hours of educational (teaching) work for the salary rate of which is 720 hours per year, the grounds for its change
Chapter IV of Appendix 2 to Order No. 1601 provides for the specifics of determining the teaching load, ensuring the stability of the legal regulation of the issues of establishing the teaching load and calculation depending on its actual amount of wages for teachers of organizations carrying out educational activities in educational programs of secondary vocational education, for which the standard hours educational (teaching) work for a wage rate of 720 hours per year.
Thus, the provision on determining the volume of the annual teaching load based on 10 academic months has been retained, which, at the same time, is for weekends and non-working days. holidays not planned (clause 4.1 of Appendix 2 to Order No. 1601).
Thus, based on the provisions provided for in Chapter IV of Annex 2 to Order No. 1601, employers, in the prescribed manner, before the start of the academic year, determine for teachers the amount of teaching load, taking into account which their average monthly salary is determined by multiplying the teacher’s hourly rate by the annual amount established by him academic load and dividing the resulting product into 10 academic months.
The hourly rate is determined by dividing the monthly wage rate by the average monthly teaching load (72 hours), formed by dividing the annual hours per wage rate (720) by 10 (the number of months of the academic year).
In accordance with paragraphs 4.6 and 4.7 of Annex 2 to Order No. 1601, teachers are paid monthly an average monthly salary, established taking into account the volume of the teaching load at the beginning of the school year, which does not depend on:
on the volume of academic workload performed in each month of the academic year;
from cases of changes in the volume of the teaching load during the academic year for reasons beyond their control in the direction of its reduction;
from cases of reduction of the teaching load on the grounds provided for in paragraph 4.4 of Appendix 2 to Order No. 1601.
The procedure for determining the teaching load for teachers who entered work during the academic year has been preserved (clause 4.3 of Appendix 2 to Order No. 1601), and the issue of determining the annual teaching load for teachers on annual extended paid leave and (or) annual additional paid leave has been resolved. vacation after the start of the school year (clause 4.2 of Appendix 2 to Order No. 1601).
When the wage rate increases, the average monthly wage is determined by multiplying the new hourly rate by the annual workload established at the beginning of the academic year during tariffication, and dividing the resulting product by 10 academic months.
The procedure for reducing the teaching load of teachers by 1/10 for each full month of absence from work and based on the number of missed working days for an incomplete month of the annual teaching load has been preserved for the cases provided for in paragraph 4.4 of Appendix 2 to Order No. 1601 (i.e. when the teaching load The workload in the annual volume determined at the beginning of the academic year cannot be fulfilled by the teacher due to his being on annual basic extended paid leave or annual additional paid leave, on training camps, on a business trip, due to his temporary disability).
Example. A teacher with an annual teaching load of 1200 hours was absent from work due to illness for 1 month and 14 working days (entirely in October and 14 out of 20 working days in November).
The annual teaching load approved for this teacher is subject to reduction by 204 hours, namely:
- for 120 hours - for October (a full month of absence from work) regardless of the number of hours performed in October according to the schedule (1200: 10 months of the academic year);
- by 84 hours for 14 working days missed due to illness in November (120 (number of hours for October) x 14: 20 (total number of working days in November) = 84 hours (reduction of the teaching load for November).
Thus, this teacher's reduced annual teaching load will be 996 hours (1200 - (120 + 84)).
Payment for hours of teaching work given in excess of the annual teaching load established at the beginning of the academic year when replacing temporarily absent workers due to illness and other reasons, as well as completed in excess of the reduced teaching load on the grounds provided for in paragraph 4.4 of Appendix 2 to Order No. 1601, is made additionally according to hourly rates monthly or at the end of the academic year only after the teacher has completed the entire annual teaching load established during tariffication or reduced on the grounds provided for in paragraph 4.4 of Appendix 2 to Order No. 1601.
Example. In March, the teacher fully completed the reduced teaching load, which was reduced on the grounds provided for in paragraph 4.4 of Appendix 2 to Order No. 1601, and began to amount to 996 hours. By the end of the school year, I completed an additional 100 hours (in April - 50, May - 30 and June - 20 hours).
For hours of teaching work monthly for April, May, and June, such a teacher may be additionally paid wages by multiplying the hourly wage rate established for him by 50, 30, 20, respectively. Payment for the specified additional number of hours (50, 30, 20) can be fully completed at the end of the academic year.
In cases of replacing absent teachers, it is necessary to take into account that if the replacement continues continuously for more than two months, then from the date of its start the average salary of teachers should be recalculated based on the specified volume of the teaching load in relation to the procedure provided for teachers hired during the academic year (clause 4.3 of appendix 2 to order No. 1601).
When applying Chapter IV of Annex 2 to Order No. 1601, when establishing the teaching load of teachers, it is necessary to take into account that in accordance with paragraph 7.1.1 of Annex 2 to Order No. 1601 in organizations carrying out educational activities in educational programs of secondary vocational education, teachers, the standard hours of study (teaching) work for a salary rate of 720 hours per year, an upper limit of teaching load is established in an amount not exceeding 1440 hours per academic year.
Features of determining the teaching load of teaching staff who are on parental leave until the child reaches the age of three, as well as persons filling positions of teaching staff at certain period, part-time or performing other work along with the work specified in the employment contract
Chapter V of Appendix 2 to Order No. 1601, for the first time, a federal regulatory legal act established the procedure for determining the teaching load of teachers, lecturers, additional education teachers, senior additional education teachers, trainers-teachers, senior trainers-teachers who are on parental leave until they reach the age of age three years.
It has been established that the teaching load for these teaching staff is determined on a general basis, including ensuring that teachers and lecturers for whom the organization carrying out educational activities is the main place of work maintain the volume of the teaching load and continuity of teaching academic subjects, courses, disciplines (modules) ) in classes (classes-sets), groups, except for the cases provided for in paragraph 1.7 of Appendix 1 to Order No. 1601.
Such cases, as previously noted, are associated with a decrease in the number of hours according to the curriculum, study schedules, a reduction in the number of students, groups, a reduction in the number of classes (class sets) or due to the agreement of the parties to the employment contract.
At the same time, the preservation of the volume of teaching load and continuity of teaching academic subjects, courses, disciplines (modules) for teachers and teachers of final classes, groups is ensured by providing them with teaching load in classes (classes-sets), groups in which the study of those taught by these teachers begins for the first time and teachers of academic subjects, courses, disciplines (modules).
After establishing the teaching load for teachers, lecturers, additional education teachers, senior additional education teachers, trainers-teachers, senior trainers-teachers who are on parental leave until the child reaches the age of three years, the teaching load is distributed for the specified period among other teaching staff .
Clause 5.2 of Appendix 2 to Order No. 1601 establishes that the determination of the teaching load for teaching staff for a certain period is carried out in order for them to fulfill the teaching load for the period of replacing temporarily absent teaching staff, as well as for the period of temporarily filling a vacant position before hiring a permanent employee, i.e. e. in the case when the employer does not consider it advisable to distribute the freed up teaching load among the organization’s teaching staff for permanent implementation, wanting, for example, to offer a vacant position to a university graduate.
It follows from this that teaching staff who carried out the teaching load temporarily stop doing it when the teaching staff leaves parental leave or when a permanent worker is hired for a vacant position without notice.
Determining and changing the teaching load of persons holding part-time teaching positions, as well as by filling such positions along with the work specified in the employment contract (including heads of organizations carrying out educational activities, their deputies, other employees along with their main job), carried out in the manner prescribed by Chapters I - IV and VI of this Procedure (clause 5.3 of Appendix 2 to Order No. 1601).
Particular attention should be paid to paragraph 5.4 of Annex 2 to Order No. 1601, which resolves the issue of formalizing the fulfillment of academic workload by persons performing such work along with the work specified in the employment contract, i.e. along with work as a manager, deputy manager, educational psychologist, etc.
It has been established that the execution of work in these cases is carried out by concluding an additional agreement to the employment contract, which indicates the period during which the educational (teaching) work will be carried out, its content, the volume of the teaching load and the amount of payment.
Features of determining the teaching load of teaching staff classified as teaching staff, and the grounds for changing it
The peculiarity of determining and changing the teaching load of teaching staff classified as teaching staff (hereinafter referred to as teaching staff teachers; teaching staff positions) is that the differences in the volume of teaching load, which does not exceed its upper limit established by structural divisions and teaching staff positions do not affect the salary of teaching staff teachers, unlike teaching staff, for whom hourly standards are established for the wage rate.
For a larger salary for educational (teaching) work, exceeding its upper limit established by a local act of the organization, differentiated by teaching staff positions by structural divisions of the organization carrying out educational activities in educational programs of higher education, additional professional programs, teachers from among the teaching staff of the same The employer can count only if:
educational (teaching) work will be performed part-time in another position (including with a similar name), in free time from the main job (i.e. outside the 36-hour working time) under the terms of another employment contract, in in a volume not exceeding half of the upper limit of the teaching load, determined by teaching staff positions in the manner prescribed by paragraph 6.1 of Appendix 2 to Order No. 1601;
teachers, along with the work specified in the employment contract, will fill the positions of teachers from among the teaching staff in the manner and under the conditions established by Article 60.2 of the Labor Code of the Russian Federation, i.e. in order to combine positions or increase the amount of work, which is formalized by concluding an additional agreement to the employment contract, which indicates the period during which the educational (teaching) work will be carried out, its content, the volume of the teaching load and the amount of payment.
The peculiarity of determining the teaching load of teachers from among the teaching staff is also that the upper limit of the teaching load, provided for in Chapter 7 of Appendix 2 to Order No. 1601, is 900 hours per academic year - in organizations carrying out educational activities in educational programs of higher education, and 800 hours in the academic year - in organizations carrying out educational activities in additional professional programs, cannot be applied to each teaching staff position.
The basis for this is paragraph 6.1 of Appendix 2 to Order No. 1601, according to which the upper limit of the teaching load is established by the local regulatory act of the organization differentiated by teaching staff positions within the average volume of teaching load for the structural units of the organization carrying out educational activities in educational programs of higher education, additional professional programs (hereinafter in this chapter - organization), taking into account the areas of training they provide.
Clause 6.3 of Appendix 2 to Order No. 1601 determines that the teaching load of teachers from among the teaching staff includes contact work between students and the teacher in the types of educational activities defined in the relevant provisions of the orders of the Ministry of Education and Science of Russia, named in this paragraph.
The relevant paragraphs of the orders of the Ministry of Education and Science of Russia, listed in paragraph 6.3 of Appendix 2 to Order No. 1601, provide for the procedure for organizing and carrying out educational activities in the relevant educational programs of higher education or in additional professional programs.
Clause 6.4 of Appendix 2 to Order No. 1601 determines that an academic or astronomical hour is taken as a unit of time in accordance with the established value of the credit unit used in the implementation of educational programs.
It has also been established that an educational organization independently determines by local regulatory act:
time standards for types of educational activities provided for in the relevant clauses of the orders of the Ministry of Education and Science of Russia, named in clause 6.3 of Appendix 2 to Order No. 1601, included in the teaching load of teaching staff (clause 6.4 of Appendix 2 to Order No. 1601);
depending on the position of the teaching staff, the ratio of the teaching load of teaching staff established for the academic year and other activities provided for by job responsibilities and (or) individual plan (scientific, creative, research, methodological, preparatory, organizational, diagnostic, therapeutic, expert, other , including those related to improving one’s professional level) within the established working hours (clause 6.5 of Appendix 2 to Order No. 1601).
In order to provide methodological assistance to organizations in determining time standards both for types of educational activities and for types of other work included in the job responsibilities of teaching staff teachers depending on their position, the parties to the Industry Agreement concluded on December 22, 2014 between the Ministry of Education and Science Russia and the All-Russian Trade Union of Education for 2015-2017, agreed to develop approximate time standards for the types of one and other activities in the implementation of educational programs of higher education and additional professional education.
Regarding the determination of time standards included in the teaching load of teachers from among the teaching staff when implementing educational programs in the field of training in the interests of defense and security of the state, ensuring law and order in federal government organizations administered by federal government agencies, then they are established by regulations of the relevant federal government bodies.
Establishing an upper limit for the teaching load of teaching staff
Chapter 7 of Appendix 2 to Order No. 1601 for individual teaching staff provides for cases of establishing upper limits for the teaching load.
Valid from March 10 new order calculation and payment of working hours for teachers. In particular, an upper limit has been set for their study load*. Let's analyze the innovations.
* In addition, the introduction of the professional standard for teachers was postponed to January 1, 2017 (letter of the Ministry of Education and Science of Russia dated March 2, 2015 No. 08-237).
O.A. Primakova, expert of the journal “Accounting in Education”
Where to register the study load
The procedure for determining the teaching load of teaching staff and the duration of their working hours was approved by Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 (hereinafter referred to as Order No. 1601). And the previously valid order of the Ministry of Education and Science of Russia dated December 24, 2010 No. 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” became invalid on March 10. The teacher's workload depends on his position and specialty. The volume of the teaching load is established at the beginning of the academic year and is fixed in the employment contract. The workload of all teaching staff is indicated in the local regulatory act of the educational organization.
Order No. 1601 sets out the rules for determining the teaching load of teachers, the reasons for its change and the upper limit on the number of hours of teaching work.
In addition, it clarifies the standard working time for a teacher-librarian, which is now 36 hours a week.
How to calculate your workload
The length of working time (standard hours of teaching work per wage rate) for teachers is no more than 36 hours per week. The training load is calculated depending on the qualifications, specialization and position of the employee. It also matters what educational programs the educational institution follows.
In general, the teaching load can range from 18 hours per week to 720 hours per year.
Standard hours for teaching work are set in astronomical hours, including breaks and dynamic pauses.
According to the standard hours of teaching work, a calculation is made to determine the employees' monthly wages, taking into account the volume of teaching work per week (per year) established by the organization.
In a situation where an employee performs teaching work above or below the norm, it must be paid according to the hours actually worked.
An exception is cases of payment of wage rates in full, guaranteed in accordance with paragraph 2.2 of Appendix 2 to Order No. 1601.
Local regulations of an educational institution on assigning or changing the teaching load of teachers must be adopted taking into account the opinion of the representative body of employees (clause 1.9 of Appendix No. 2 to Order No. 1601).
When can the load be reduced?
The teaching load of teachers (except for members of the teaching staff), established at the beginning of the academic year, cannot be reduced in the current academic year at the initiative of the employer.
However, there is an exception to this rule. The load is allowed to be reduced due to a reduction in the number of hours in the curriculum or a decrease in the number of students. This is stated in paragraph 1.5 of Appendix No. 2 to Order No. 1601.
In addition, the administration cannot reduce the amount of hours assigned to an employee in the current academic year for the next academic year. Again, except in cases of changes in curricula or reduction in the number of students. It should be remembered that if it is still necessary to change the teaching load agreed upon with the employee when concluding an employment contract, this can only be done by agreement of the parties and always in writing.
The manager must warn the employee no later than two months in advance about a possible change in workload, providing the reasons for such a decision.
If the teacher’s workload is 18 hours per week
The standard hours for teachers of organizations conducting educational activities in additional general education programs in the field of physical education and sports have been determined. It is 18 hours a week.
In addition, the procedure for calculating and changing such workload has been adjusted for all teachers.
When calculating the teaching load of teachers working at a rate of 18 hours per week, it is important to establish:
- number of hours according to the curriculum;
- work programs of academic subjects;
- staffing of the institution.
Payment of the full salary rate is guaranteed to teachers of grades 1-4 when transferring lessons to specialist teachers (subject to additional workload with other teaching work).
Also, subject to additional workload, teachers of certain disciplines in educational organizations located in specialized villages and rural areas receive full pay. This is stated in paragraph 2.2 of Appendix No. 2 to Order No. 1601.
The teaching load for the new academic year is primarily reserved for teachers who work in the institution permanently, at their main place of work.
Graduate teachers are offered teaching hours in classes in which the study of the academic subjects taught by these teachers begins for the first time.
Thus, the administration ensures the continuity of teaching academic disciplines and maintains the workload of the institution’s teaching staff.
If teaching hours are reduced, after the expiration of the notice period for their reduction, teachers are paid wages until the end of the school year and during the holidays:
- for the actual remaining number of hours, if it is higher than the standard hours for the rate;
- determined before reducing the teaching load, if the remaining load is lower than or equal to the standard hours of teaching work per rate (in the event that they cannot be loaded with other teaching work).
For teachers who homeschool children who are unable to attend school for health reasons, these teaching hours are included in the teaching load.
Vacation time for students, including those studying at home, is not a basis for reducing the teaching load and teachers’ salaries.
Volume, procedure and terms of payment teaching load performed jointly, is prescribed in the additional agreement to the employment contract (clause 5.4 of Appendix No. 2 to Order No. 1601).
The teaching load in substitution for other teachers must be paid additionally. This condition is contained in paragraph 2.7 of Appendix No. 2 to Order No. 1601.
If working hours are 720 hours per year
The new document defines a workload for teachers of secondary vocational education organizations as 720 hours per year for 10 academic months.
When such a norm cannot be met due to a teacher’s vacation or sick leave, it is reduced by 1/10 for each full month and on the basis of missed days for an incomplete one (clause 4.4 of Appendix No. 2 to Order No. 1601). At the same time, the average monthly salary is paid regardless of the volume of workload in each month of the school year, as well as during the student holiday period. The load may be reduced during the school year compared to its beginning for reasons beyond the control of the teacher. Then he is paid a salary in the amount established at the beginning of the year.
Workload norm for teaching staff
In order to calculate the volume of teaching hours of teaching staff at the beginning of the academic year, it is necessary to determine the average volume of teaching load, as well as its upper limits in accordance with positions. These indicators are established by local regulations of the educational organization.
As already mentioned, the teaching load of each teacher is calculated depending on his position and qualifications.
Time standards for types of educational activities are included in the teacher’s workload in accordance with higher education programs: bachelor’s, specialist’s and master’s degrees. The organization adopts these standards independently.
The local act of the educational institution also determines the ratio of the teaching load established for the academic year and other job responsibilities of the employee within working hours.
An academic or astronomical hour is taken as a unit of time according to the established value of the credit unit.
What are the upper load limit restrictions
Depending on the position held, the teaching load of teaching staff may be limited by an upper limit. At the same time, the volume of the teaching load when working part-time should not exceed half of the upper limit of the teaching load established for the positions of the teaching staff.
Let us list the cases of restrictions.
1. In secondary vocational education organizations, with a norm of 720 hours per year, the upper limit does not exceed 1440 hours per year.
2. In higher education organizations, the upper limit of teaching load for teaching staff is 900 hours per year.
3. In organizations of additional professional education for positions of teaching staff, the upper load limit does not exceed 800 hours per year.
Time standards for types of educational activities in training personnel in the interests of defense and security of the state are also established by a local act of the organization. However, they must be agreed upon with the appropriate federal government agency.
“All” you have is 36 hours. 18 hours is the “lesson” part.
This is not free time.
Question: Some teaching staff, having completed the teaching work standard of 18 hours a week, provided for by Order of the Ministry of Education and Science of Russia dated December 24, 2010 N 2075, leave their jobs.
Are such actions legal, or should these workers be at work for 36 hours a week according to the same order?
Having considered the issue, we came to the following conclusion:
During working hours, free from carrying out training sessions, teaching staff must perform other work in accordance with their job responsibilities (educational, methodological and other).
New order of the Ministry of Education on the workload of teachers. Lawyer's comment
To the extent that such work is not regulated by the plans and schedules of the institution, the teaching worker has the right to distribute it in time at his own discretion and spend the remaining working time on carrying out activities in accordance with personal plan, self-training, advanced training and performing other pedagogical work that does not require presence directly at one’s workplace.
Rationale for the conclusion:
For teaching staff, a reduced working time of no more than 36 hours per week is established (Article 333 of the Labor Code of the Russian Federation).
The Appendix to the Order of the Ministry of Education and Science of Russia dated December 24, 2010 N 2075 (hereinafter referred to as the Appendix) determines the working hours of teaching staff, as well as the standard hours of teaching work for the wage rate.
According to paragraph 1 of the notes to the Appendix, the working time of teaching staff includes teaching (educational) work, educational work, as well as other pedagogical work provided for by the qualification characteristics for positions and the features of the working hours and rest time of teaching and other employees of educational institutions, approved in the established ok.
Thus, the duration of a teacher’s working time includes both direct teaching (educational) work, the standard hours of which are established in clause 2 of the Appendix, and educational and other pedagogical work.
The Regulations on the peculiarities of working hours and rest time for teaching and other employees of educational institutions were approved by Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 (hereinafter referred to as the Regulations).
According to clause 2.1 of the Regulations, the performance of pedagogical work by teachers, instructors, trainers, teachers, and additional education teachers is characterized by the presence of established time standards only for performing pedagogical work related to teaching work.
The other part of the teaching work is carried out during working hours, which are not specified in terms of the number of hours.
In accordance with clause 2.3 of the Regulations, another part of the teaching work that requires the expenditure of working time, which is not specified in terms of the number of hours, follows from their job responsibilities provided for by the charter of the educational institution, the internal labor regulations of the educational institution, tariff and qualification (qualification) characteristics, and is regulated by schedules and work plans, including the personal plans of the teaching staff.
This paragraph also lists the specific responsibilities that such work may include (conducting parent-teacher meetings, participating in the work of teacher councils, responsibilities related to classroom management, checking written work, managing classrooms, preparing for classes, etc.).
Clause 2.4 of the Regulations stipulates that the days of the week (periods of time during which an educational institution operates) are free for teaching staff from conducting scheduled classes and from performing other duties regulated by schedules and work plans , a teacher can use for advanced training, self-education, preparation for classes, etc.
Thus, the specificity of the work of teachers implies the impossibility of strictly regulating the timing of certain work (for example, it will hardly be possible to determine in advance how much time it will take to prepare for a lesson), and also does not require them to carry out the entire volume of teaching work exclusively at their workplace ( for example, a teacher has the right to carry out self-education activities in the library or any other place convenient for this purpose).
In other words, if the norm for teaching work hours is set for a teacher at 18 hours per week, and the duration of working time is 36 hours per week, then working out the norm for teaching work does not give the teacher the right to stop working, because the duration of working time (that is, the time during which, according to Article 91 of the Labor Code of the Russian Federation, the employee must perform labor duties) is set for 36 hours a week. During the working hours remaining after completing the norm for teaching work, the employee must perform other teaching work in accordance with local acts organizations, job description, employment contract. However, if the time for performing other duties is not regulated, then the teacher has the right to independently plan his working time, remaining within the weekly working hours, to carry out activities according to his personal plan, self-training, advanced training and other teaching work. If performing such work is possible outside the teacher’s place of work, then he also has the right to leave his workplace.
The Ministry of Education and Science of the Russian Federation, by its order No. 1601 dated December 22, 2014, approved the rules for determining the working hours of teaching staff, as well as the procedure for determining the teaching load. In connection with the adoption of this order, the order of the Ministry of Education and Science of the Russian Federation dated December 24, 2010 ceased to apply.
Working hours and teaching load for teachers: a new order
N 2075, regulating similar issues.
The length of working time (standard hours of teaching work per salary rate) for teachers is no more than 36 hours per week. At the same time, exceptions have been made for certain categories of employees; we will consider them in table form:
| Working hours(hours per week) | Position (specialty) |
| 36 |
|
| 30 |
|
| 25 |
|
| 24 |
|
| 20 |
|
| 18 |
|
IN work time teaching staff, depending on their position, are included the following types work provided for by job duties or in an individual plan:
- educational (teaching);
- educational;
- individual work with students;
- scientific;
- creative;
- research;
- other teaching work;
- methodical;
- preparatory:
- organizational;
- diagnostic;
- on monitoring;
- provided for in plans for educational, physical education, sports, creative and other events carried out with students.
To determine the standard hours, it is worth considering that an hour in this situation is equal to astronomical hour.
If an employee works above the established norm or below this norm, then his work is paid in proportion to the time worked.
Note!
Exceeding the established working hours is permitted only with the written consent of the employee.
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ConsultantPlus:Forums
N 1601
“On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, specified in the employment contract"
With changes and additions from:
In accordance with Part 3 of Article 333 of the Labor Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2002, N 1, Art. 3; N 30, Art. 3014, Art. 3033; 2003, N 27, Art. 2700; 2004, N 18 , Art. 1690; N 35, Art. 3607; 2005, N 1, Art. 27; N 19, Art. 1752; 2006, N 27, Art. 2878; N 52, Art. 5498; 2007, N 1, Art. 34; N 17, Art. 1930; N 30, Art. 3808; N 41, Art. 4844; N 43, Art. 5084; N 49, Art. 6070; 2008, N 9, Art. 812; N 30, Article 3613, Article 3616; N 52, Article 6235, Article 6236; 2009, N 1, Article 17, Article 21; N 19, Article 2270; N 29, Article 3604; N 30, Art. 3732, Art. 3739; N 46, Art. 5419; N 48, Art. 5717; 2010, N 31, Art. 4196; N 52, Art. 7002; 2011, N 1, Art. 49; N 25, Art. 3539; N 27, Art. 3880; N 30, Art. 4586, Art. 4590, Art. 4591, Art. 4596; N 45, Art. 6333, Art. 6335; N 48, Art. 6730, Art. 6735 ; N 49, Art. 7015, Art. 7031; N 50, Art. 7359; 2012, N 10, Art. 1164; N 14, Art. 1553; N 18, Art. 2127; N 31, Art. 4325; N 47, Art. 6399; N 50, Art. 6954, Art. 6957, Art. 6959; N 53, Art. 7605; 2013, N 14, Art. 1666, Art. 1668; N 19, Art. 2322, Art. 2326, art. 2329; N 23, Art. 2866, art. 2883; N 27, art. 3449, art. 3454, art. 3477; N 30, art. 4037; N 48, 6165; N 52, art. 6986; 2014, N 14, art. 1542, art. 1547, art. 1548) and subclause 5.2.71 of the Regulations on the Ministry of Education and Science of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 3, 2013 N 466 (Collected Legislation of the Russian Federation, 2013, N 23, Art. 2923; N 33, Art. 4386 ; N 37, Art. 4702; 2014, N 2, Art. 126; N 6, Art. 582; N 27, Art. 3776), I order:
1. Establish the duration of working hours (standard hours of teaching work per wage rate) of teaching staff in accordance with Appendix No. 1 to this order.
2. Approve the Procedure for determining the teaching load of teaching staff, specified in the employment contract (Appendix No. 2).
3. Recognize as invalid the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” (registered by the Ministry of Justice of the Russian Federation on February 4, 2011, registration N 19709).
1. For teaching staff, a reduced working time is provided, which should not exceed 36 hours per week, which is due to the special nature of their work, which requires significant intellectual and nervous stress.
2. The upper limit of the teaching load is established for teaching staff by the relevant standard provisions. The teaching load for the academic year for teaching staff of educational institutions of primary and secondary vocational education, stipulated in the employment contract, should not exceed 1440 academic hours; teaching staff of educational institutions of higher professional education - 900 hours per academic year; teaching staff in an educational institution for advanced training - 800 hours.
The upper limit of the teaching load of teaching staff of educational institutions of other types and types is not provided for in the relevant standard provisions.
3. The duration of working time (standard hours of teaching work per wage rate) of teaching staff is determined in the Decree of the Government of the Russian Federation of April 3, 2003 N 191 (SZ RF. 2003. N 14. Art. 1289), according to which the duration of working time ( standard hours of teaching work per wage rate) for teachers is established on the basis of a reduced working time of no more than 36 hours per week and includes teaching (educational) work, educational, as well as other pedagogical work provided for by job responsibilities and working hours approved in in the prescribed manner.
Depending on their position and (or) specialty, taking into account the characteristics of their work, the following is established for teaching staff:
1) working hours:
- 36 hours per week - to employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) specialists;
- 30 hours per week - for senior teachers of educational institutions (except for preschool educational institutions and educational institutions for additional education of children);
36 hours per week:
- senior teachers of preschool educational institutions and educational institutions of additional education for children;
- educational psychologists, methodologists (senior methodologists), social educators, teacher-organizers, industrial training masters, senior counselors, labor instructors of educational institutions;
- heads of physical education of educational institutions of primary vocational and secondary vocational education;
- teacher-organizers (basics of life safety, pre-conscription training) educational institutions, institutions of primary vocational and secondary vocational education;
- instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children in sports;
2) standard hours of teaching work per wage rate (standardized part of teaching work):
18 hours per week:
- teachers of grades 5 - 11 (12) of general education institutions (including cadet schools), general education boarding schools (including cadet boarding schools), educational institutions for orphans and children left without parental care, special (correctional) educational institutions for students (pupils) with disabilities, sanatorium-type educational institutions for children in need of long-term treatment, special educational institutions of open and closed types, educational institutions for preschool and younger children school age, educational institutions for children in need of psychological, pedagogical and medical and social assistance, interschool educational centers, training and production workshops;
- teachers of pedagogical schools and pedagogical colleges;
- teachers of special disciplines 1 - 11 (12) classes of music and art general education institutions;
- teachers of 3 - 5 classes of schools of general music, art, choreographic education with a 5-year period of study, 5 - 7 classes of art schools with a 7-year period of study (children's music, art, choreography and other schools), 1 - 4 classes of children's art schools and schools of general art education with a 4-year course of study;
- teachers of additional education;
- trainers-teachers (senior trainers-teachers) of educational institutions of additional education for children in sports;
- foreign language teachers of preschool educational institutions;
- 20 hours per week - teachers of grades 1 - 4 of general education institutions;
- 24 hours a week - teachers of 1st - 2nd grades of schools of general music, art, choreographic education with a 5-year term of study, 1st - 4th grades of children's music, art, choreographic schools and art schools with a 7-year term of study;
- 720 hours per year - for teachers of primary and secondary vocational education institutions;
3) standard hours of teaching work per wage rate:
- 20 hours a week - for speech pathologists and speech therapists;
- 24 hours a week - music directors and accompanists;
- 25 hours a week - for teachers of educational institutions working directly in groups with students (pupils) with disabilities;
- 30 hours a week - for physical education instructors, teachers in boarding schools, orphanages, extended day groups of educational institutions, in school boarding schools;
- 36 hours per week - teachers of preschool educational institutions, preschool groups of general education institutions and educational institutions for children of preschool and primary school age, institutions of additional education for children and institutions of primary vocational and secondary vocational education.
For teaching work performed with the consent of teaching staff in excess of the established norm of hours for the wage rate, additional payment is made in accordance with the received wage rate in a single amount in the manner determined by the Ministry of Education and Science of the Russian Federation.
The standard hours of teaching and (or) teaching work for the wage rate of teaching staff is established in astronomical hours.
For teachers, instructors, and additional education teachers of educational institutions, the standard hours of teaching work include the lessons (classes) they conduct, regardless of their duration, and short breaks (recesses) between them.
Teachers who cannot be provided with a full teaching load are guaranteed payment of the salary rate in full, provided that they are supplemented with other teaching work to the established standard hours in the following cases:
- teachers of grades 1 - 4 when transferring the teaching of foreign language lessons, music, fine arts and physical education to specialist teachers;
- teachers of grades 1 - 4 in rural general education institutions with a non-Russian language of instruction who do not have sufficient training to teach Russian language lessons;
- Russian language teachers in rural primary secondary schools with non-Russian language of instruction;
- physical education teachers of rural educational institutions, foreign language teachers of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.
Teachers of general education institutions and teachers of pedagogical schools and pedagogical colleges, whose teaching load is reduced during the academic year for reasons beyond their control compared to installed load, until the end of the academic year the following is paid:
- wages for the actual number of hours if the remaining workload is higher than the established rate;
- salary in the amount of the rate, if the remaining workload is below the established rate for the rate and if it is impossible to supplement them with other teaching work;
- salary established before the teaching load was reduced, if it was set below the standard rate and if it is impossible to load them with other teaching work.
Teachers of institutions of primary vocational and secondary vocational education, whose teaching load for reasons beyond their control during the academic year is reduced in comparison with the established load, are paid until the end of the academic year a salary in the amount established during the tariff calculation at the beginning of the academic year.
Teaching staff must be notified of a reduction in the teaching load during the year and of additional teaching work no later than 2 months in advance.
4. The regulations that determine the standard hours of teaching work for the salary rate of speech therapists and educational psychologists are explained in the letter of the Ministry of Education of Russia dated January 22, 1998 N 20-58-07in/20-4 “On speech therapists and pedagogues -psychologists of educational institutions." Thus, the salary rate for speech therapists in all educational institutions, regardless of their departmental subordination, is paid for 20 hours of teaching work per week. In this case, it does not matter in what level of classes the speech therapist teacher carries out pedagogical activities. Teachers-speech therapists and educational psychologists of psychological-medical-pedagogical consultations, which are independent institutions, are paid a salary rate for 36 hours of teaching work per week.
5. For certain categories of teaching staff working in positions whose occupation is associated with the risk of infection with Mycobacterium tuberculosis, a 30-hour work week is established. The number of these employees, according to the List, approved. By order of the Ministry of Health of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, the Ministry of Education of Russia, the Ministry of Agriculture of Russia, the Federal Border Guard Service of Russia dated May 30, 2003 N 225/194/363/126/2330/777/292 (BNA RF. 2003. N 37) , include teachers, educators and additional education teachers of sanatorium-type health-improving educational institutions for children infected with tuberculosis, teachers, educators and additional education teachers of the Russian sanatorium-rehabilitation center for orphans and children without parental care suffering from various forms tuberculosis infection, teachers and additional education teachers of general education institutions working in hospitals for children suffering from various forms of tuberculosis infection.
6. Features of the working time and rest time regime for teaching and other employees of educational institutions are provided for in the Regulations of the same name, approved. Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 (BNA RF. 2006. N 32). The work and rest hours of teachers are determined taking into account the specifics of the activities and operating modes of educational institutions of various types and types. These can be educational institutions with round-the-clock stay of students or pupils, their stay for a certain time, season, etc.
The working hours and rest hours of teaching and other employees of educational institutions are established by the internal labor regulations of the educational institution, work schedules, collective agreements, developed in accordance with the Labor Code, federal laws, other regulatory legal acts and the specified Regulations.
7. Features of part-time work for teaching staff are defined in Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41 “On the features of part-time work for teaching, medical, pharmaceutical and cultural workers” (Bulletin of the Ministry of Labor of Russia. 2003. N 8), published in in accordance with the Decree of the Government of the Russian Federation of April 4, 2003 N 197 “On the peculiarities of part-time work for teaching, medical, pharmaceutical workers and cultural workers” (SZ RF. 2003. N 15. Art. 1368).
According to Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41, teaching staff have the right to carry out part-time work, i.e. perform other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, incl. for a similar position, specialty, profession, including cases where reduced working hours are established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation).
The duration of part-time work for teaching staff (including trainers, teachers, trainers) during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed half of the monthly working time rate, calculated from the established duration of the working week . Therefore, based on the fact that the working hours of teaching staff should not exceed 36 hours per week, the duration of part-time work cannot exceed 18 hours per week.
For teaching staff (including trainers, teachers, trainers), whose half of the monthly working time for their main job is less than 16 hours per week, the duration of part-time work cannot exceed 16 hours of work per week. For cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors, the duration of part-time work cannot exceed the monthly standard of working time, calculated from the established length of the working week.
Pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work.
For teaching staff, the following types of work are not considered part-time work and do not require the conclusion (registration) of an employment contract:
- a) literary work, incl. work on editing, translation and reviewing of individual works, scientific and other creative activities without holding a full-time position;
- b) carrying out technical, accounting and other examinations with a one-time payment;
- c) teaching work on conditions hourly pay no more than 300 hours per year;
- d) consulting by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year;
- e) supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
- f) teaching work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution of additional education for children and other children's institution with additional pay;
- g) work without holding a full-time position in the same institution or another organization, incl. performance by teaching staff of educational institutions of responsibilities for managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cycle commissions, work on management industrial training and practice of students and other students, etc.;
- h) work of teaching staff in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate;
- i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.
Carrying out the work specified in subparagraph. "b" - "g", is allowed during regular working hours with the consent of the employer.
8. Professional qualification groups of positions for education workers were approved by Order of the Ministry of Health and Social Development of Russia dated May 5, 2008 N 216n (RG. 2008. N 113).
Professional qualification groups of positions for employees of higher and additional vocational education were approved by Order of the Ministry of Health and Social Development of Russia dated May 5, 2008 N 217n (RG. 2008. N 113).
Commentary on Article 333
1. For teaching staff, a reduced working time is provided, which should not exceed 36 hours per week, which is due to the special nature of their work, which requires significant intellectual and nervous stress.
2. The upper limit of the teaching load is established for teaching staff by the relevant standard provisions. Teaching load for the academic year for secondary vocational teachers educational institutions stipulated in the employment contract should not exceed 1440 hours; teaching staff of educational institutions of higher professional education - 900 hours per academic year; teaching staff in an educational institution for advanced training - 800 hours.
The upper limit of the teaching load of teaching staff of educational institutions of other types and types is not provided for in the relevant standard provisions.
3. The length of working time (standard hours of teaching work per wage rate) of teaching staff in educational institutions is determined in Decree of the Government of the Russian Federation of April 3, 2003 N 191 (SZ RF. 2003. N 14. Art. 1289).
For teaching staff of educational institutions, depending on their position and (or) specialty, taking into account the characteristics of their work, the following working hours are established:
36 hours per week - to employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) specialists;
30 hours per week - for senior teachers of educational institutions (except for preschool educational institutions and educational institutions for additional education of children);
36 hours per week:
Senior teachers of preschool educational institutions and educational institutions of additional education for children;
Educational psychologists, methodologists (senior methodologists), social educators, teacher-organizers, industrial training masters, senior counselors, labor instructors of educational institutions;
Heads of physical education of educational institutions of primary vocational and secondary vocational education;
Teacher-organizers (basics of life safety, pre-conscription training) of general education institutions, institutions of primary vocational and secondary vocational education;
Instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children with a sports profile.
The standard teaching hours per salary rate is:
18 hours per week:
Teachers of grades 5 - 11 (12) of general education institutions (including cadet schools), general education boarding schools (including cadet boarding schools), educational institutions for orphans and children without parental care, special (correctional) educational institutions for students (pupils) with developmental disabilities, health educational institutions of sanatorium type for children in need of long-term treatment, special educational institutions of open and closed type, educational institutions for children of preschool and primary school age, educational institutions for children in need of psychological, pedagogical and medical and social assistance, interschool educational centers, training and production workshops;
Teachers of pedagogical schools and pedagogical colleges;
Teachers of special disciplines 1 - 11 (12) classes of music, art general education institutions;
Teachers of 3 - 5 classes of schools of general music, art, choreographic education with a 5-year period of study, 5 - 7 classes of art schools with a 7-year period of study (children's music, art, choreography and other schools), 1 - 4 classes of children's art schools and schools of general art education with a 4-year period of study;
Additional education teachers;
Trainers-teachers (senior trainers-teachers) of educational institutions of additional education for children with a sports profile;
Foreign language teachers of preschool educational institutions;
20 hours per week - teachers of grades 1 - 4 of general education institutions;
24 hours a week - teachers of 1st - 2nd grades of schools of general music, art, choreographic education with a 5-year term of study, 1st - 4th grades of children's music, art, choreographic schools and art schools with a 7-year term of study;
720 hours per year - for teachers of primary and secondary vocational education institutions.
The standard hours of teaching work per wage rate are:
20 hours a week - for speech pathologists and speech therapists;
24 hours a week - music directors and accompanists;
25 hours a week - for teachers of educational institutions working directly in groups with students (pupils) with developmental disabilities;
30 hours a week - for physical education instructors, teachers in boarding schools, orphanages, extended day groups of educational institutions, in school boarding schools;
36 hours per week - teachers of preschool educational institutions, preschool groups of general education institutions and educational institutions for children of preschool and primary school age, institutions of additional education for children and institutions of primary vocational and secondary vocational education.
The working hours of teaching staff include teaching (educational) work, educational work, as well as other pedagogical work provided for by job responsibilities and working hours, approved in the prescribed manner.
For teaching work performed with the consent of teaching staff in excess of the established norm of hours for the wage rate, additional payment is made in accordance with the received wage rate in a single amount in the manner determined by the Ministry of Education and Science of the Russian Federation.
The standard hours of teaching and (or) teaching work for the wage rate of teaching staff is established in astronomical hours.
For teachers, instructors, and additional education teachers of educational institutions, the standard hours of teaching work include the lessons (classes) they conduct, regardless of their duration, and short breaks (recesses) between them.
Teachers who cannot be provided with a full teaching load are guaranteed payment of the salary rate in full, provided that they are supplemented with other teaching work to the established standard hours in the following cases:
Teachers of grades 1 - 4 when transferring the teaching of foreign language lessons, music, fine arts and physical education to specialist teachers;
Teachers of grades 1 - 4 in rural educational institutions with a non-Russian language of instruction who do not have sufficient training to teach Russian language lessons;
Russian language teachers in rural primary secondary schools with non-Russian language of instruction;
Physical education teachers of rural educational institutions, foreign language teachers of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.
Teachers of general education institutions and teachers of pedagogical schools and pedagogical colleges, whose teaching load during the academic year, for reasons beyond their control, is reduced compared to the established load, are paid until the end of the academic year:
Wages for the actual number of hours if the remaining workload is higher than the established rate;
Salary in the amount of the rate, if the remaining workload is below the established rate for the rate and if it is impossible to supplement them with other teaching work;
The salary established before the teaching load was reduced, if it was set below the standard rate and if it is impossible to supplement them with other teaching work.
Teachers of institutions of primary vocational and secondary vocational education, for whom, for reasons beyond their control, during the academic year the teaching load is reduced in comparison with the established load, until the end of the academic year, they are paid a salary in the amount established during the tariff calculation at the beginning of the academic year.
Teaching staff must be notified of a reduction in the teaching load during the year and of additional teaching work no later than 2 months in advance.
4. The regulations defining the standard hours of teaching work for the salary rate of speech therapists and educational psychologists are specified in the letter of the Ministry of Education of Russia dated January 22, 1998 N 20-58-07in/20-4 “On speech therapists and pedagogues -psychologists of educational institutions." Thus, the salary rate for speech therapists in all educational institutions, regardless of their departmental subordination, is paid for 20 hours of teaching work per week. In this case, it does not matter in what level of classes the speech therapist teacher carries out pedagogical activities. Teachers-speech therapists and educational psychologists of psychological-medical-pedagogical consultations, which are independent institutions, are paid a salary rate for 36 hours of teaching work per week.
5. For certain categories of teaching staff working in positions whose occupation is associated with the risk of infection with Mycobacterium tuberculosis, a 30-hour work week is established. The number of these employees, according to the List, approved. By order of the Ministry of Health of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, the Ministry of Education of Russia, the Ministry of Agriculture of Russia, the Federal Border Guard Service of Russia dated May 30, 2003 N 225/194/363/126/2330/777/292 (BNA RF. 2003. N 37) , include teachers, educators and additional education teachers of sanatorium-type health educational institutions for children infected with tuberculosis, teachers, educators and additional education teachers of the Russian sanatorium and rehabilitation center for orphans and children without parental care suffering from various forms of tuberculosis infection, teachers and additional education teachers of general education institutions working in hospitals for children suffering from various forms of tuberculosis infection.
6. Features of the working time and rest time regime for teaching and other employees of educational institutions are provided for in the Regulations of the same name, approved. Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 (BNA RF. 2006. N 32). The work and rest hours of teachers are determined taking into account the specifics of the activities and operating modes of educational institutions of various types and types. These can be educational institutions with round-the-clock stay of students or pupils, their stay for a certain time, season, etc.
The working hours and rest hours of teaching and other employees of educational institutions are established by the internal labor regulations of the educational institution, work schedules, collective agreements, developed in accordance with the Labor Code, federal laws, other regulatory legal acts and the specified Regulations.
7. Teaching staff are allowed to work part-time, including internal part-time work in either another or a similar position or specialty.
The features of part-time work for teaching staff are defined in Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41 “On the features of part-time work for teaching, medical, pharmaceutical and cultural workers” (Bulletin of the Ministry of Labor of Russia. 2003. N 8), published in accordance with Decree of the Government of the Russian Federation of April 4, 2003 N 197 “On the peculiarities of part-time work for teaching, medical, pharmaceutical workers and cultural workers” (SZ RF. 2003. N 15. Art. 1368).
According to Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41, teaching staff have the right to carry out part-time work, that is, to perform other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, in including for a similar position, specialty, profession, including cases where reduced working hours are established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation).
The duration of part-time work for teaching staff (including trainers, teachers, trainers) during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed half of the monthly working time rate, calculated from the established duration of the working week . Therefore, based on the fact that the working hours of teaching staff should not exceed 36 hours per week, the duration of part-time work cannot exceed 18 hours per week.
For teaching staff (including trainers-teachers, trainers), whose half of the monthly working time for their main job is less than 16 hours per week, the duration of part-time work cannot exceed 16 hours of work per week. For cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors, the duration of part-time work cannot exceed the monthly standard of working time, calculated from the established length of the working week.
Pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work.
For teaching staff, the following types of work are not considered part-time work and do not require the conclusion (registration) of an employment contract:
A) literary work, including work on editing, translation and reviewing individual works, scientific and other creative activities without holding a full-time position;
B) carrying out technical, accounting and other examinations with a one-time payment;
C) teaching work on an hourly basis in an amount of no more than 300 hours per year;
D) provision of consulting by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year;
E) supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
E) teaching work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution of additional education for children and other children's institution with additional payment;
G) work without holding a full-time position in the same institution or another organization, including the performance by teaching staff of educational institutions of duties in managing offices, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cycle commissions, work on management of industrial training and practice of students and other students, etc.;
H) work of teaching staff in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate;
I) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.
Carrying out the work specified in subparagraph. "b" - "g", is allowed during regular working hours with the consent of the employer.
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